Valley National Bank of Arizona v. Byrne

LOCKWOOD, Justice.

This is an appeal from a judgment for defendant in an action by the Valley National Bank as plaintiff against the defendant Byrne for the amount paid to Byrne as legal fees by his client Cross. The fees were paid out of money recovered in a successful action by Cross against one Zancanaro for breach of contract by the latter, in which litigation Byrne represented Cross. The Bank claims that the amount of the fee paid by Cross to Byrne should be delivered to the Bank pursuant to an assignment previously made to it by Cross.

On March 23, 1955 Norman Cross entered into a…